News & Publications Results

Upon proclamation of amendments to the Motor Vehicle Act, the use of handheld electronic devices while driving or operating a motor vehicle will be prohibited in British Columbia effective January 1, 2010.

Employers should ensure that their employees are informed of the new legislation and required to comply with the law when operating any motor vehicle for business purposes, whether the vehicle is personally owned or provided by the employer.

Trustees Convicted of Regulatory Offence

In a decision that stands as a cautionary note to trustees of pension and benefit plans, the Ontario Superior Court of Justice has found the Trustees of the Canadian Commercial Workers Industry Pension Plan guilty of breaching the investment rules applicable to pension plans in Ontario.

Presentation made to the 10th Annual Negotiating and Drafting Major Business Agreements Conference hosted by Federated Press in Vancouver, BC on November 2-3, 2009.

A recent decision of the B.C. Supreme Court, Besse v. Dr. A.S. Mechner Inc., 2009 BCSC 1316, serves as a reminder that employers do not have the right to lay off employees temporarily (and without severance) unless this right is specified in the employment agreement.

On October 27, 2009 the Minister of Finance Jim Flaherty announced a number of proposed changes to the pension framework in Canada. Most of the proposed changes will be made to the Pension Benefits Standards Act, 1985 (Canada) (the “PBSA”), which governs federally regulated pension plans.

Patricia Gallivan, Q.C., has been honoured as a recipient of the Lexpert Zenith Award.

Paper prepared for the 43rd Annual Canadian Property Taxation Association National Workshop Cross Canada Legal Panel. The paper examines some of the "tools" available to the Baord to sort out complex valuation questions complicated even further by the turbulence in our markets over the past 18 months.

The recent decision of the British Columbia Supreme Court in Bennett v. British Columbia 2009 BCSC 1358 provides helpful guidance to employers and plan sponsors who may be considering changes to their retiree benefit programs. In that case, the court dismissed a class proceeding brought on behalf of retired members of the British Columbia Public Service Pension Plan (the “Pension Plan”) concerning changes to post-retirement healthcare benefits available through the Pension Plan. The background to the case and the key findings are summarized in this briefing note.

Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - e-Commerce 2010 (published in August 2009; contributing editor Robert Bond - Speechly Bircham LLP). For further information please visit www.GettingTheDealThrough.com.

Lawson Lundell is pleased to welcome Peter M. Tolensky as a partner to the Firm.

On August 7, 2009, the Supreme Court of Canada released its much anticipated decision in Nolan v. Kerry (Canada) Inc. The high court voted 5-2 in favor of upholding a 2007 lower court decision which backed Kerry’s ability to pay plan administration expenses using plan assets.

This paper addresses a number of "key concepts and thorny issues" relating to the issue of jurisdiction under administrative law.

This paper addresses two different emerging issues or trends in administrative law: (1) an increasing British Columbia tendency to apply the public interest standing test in a restrictive manner that imposes new burdens on those seeking standing; and (2) the role of appellate tribunals and the standard of review applicable to the process and decision of a first level decision-maker.

The Province has adopted new civil and family court rules that are to be fully implemented by July 1, 2010. The aim of the new rules is to make it easier for the average citizen to access the courts to resolve legal disputes. The new rules are intended to speed up the process, lower the costs associated with litigation and simplify the litigation process.

On July 10, 2009, the Supreme Court of Canada delivered reasons in Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31 [GVTA]. This case is important because it further delineates the right to freedom of expression protected in section 2(b) of the Canadian Charter of Rights and Freedoms. Secondly, the Court elaborates on the principles that will be applied in determining whether certain entities will be considered “government” for the purposes of the Charter.

This publication discusses the recent rulings in Robertson v. West Fraser Timber Co. Ltd., 2009 BCSC 602 and Imperial Oil Ltd. v. Communications, Energy & Paperworkers Union of Canada, Local 900, 2009 ONCA 420.

This article considers some cross-examination issues that arise in tribunal hearings. Issues arise because cross-examination in tribunal hearings is used by more participants, and for more purposes, than in a traditional courtroom setting - but the rules and practices that govern the use of cross-examination were not developed in anticipation of those additional users or uses.

The members of the Financial Recovery Group have put together this booklet to provide practical tips for businesses operating in today's economic environment.

The Labour Market Opinion (LMO) program of Service Canada has recently changed.

Lawson Lundell has 22 lawyers called to the bar in the Northwest Territories – the most in Canada.